Whether farmland within the urban planning zone is subject to distribution;

Even if farmland is located within the urban planning zone, if the purpose of use under the Farmland Reform Act is not changed, it can not be excluded from distribution.

Articles 2 and 6 of the Farmland Reform Act

Attorney Kim Byung-jin, Counsel for the plaintiff-appellant-appellant

[Defendant-Appellee] Attorney Han Han-chul et al., Counsel for defendant-appellee

Busan District Court of the first instance, Daegu High Court of the second instance, 56 civilian 324 delivered on November 16, 1956

The final appeal is dismissed.

Costs of appeal shall be borne by the plaintiff.

The Plaintiff’s ground of appeal No. 1 is that the judgment of the court below did not discuss whether the evidence No. 1, which is the evidence of the Defendant’s failure to prove that the next land is farmland, is reliable to the evidence No. 1, that is, the Plaintiff’s evidence No. 1, which is the farmland-oriented farming certificate prepared by Kim Il-ho, not the farmland chairperson, is a farmland-oriented farming certificate prepared by the Kim Il-il Kim, but the judgment defect is not sufficient to be exempted from criticism that the evidence was not determined, although the evidence No. 1 is proved by the evidence No. 2, although the evidence No. 2 proves that the document No. 1 is a document prepared by misrepresenting the name of the chairman of the farmland, it is hard to criticize the Defendant’s testimony of Kim Il-ho, which is a false document No. 2.

However, the court below's decision is clear in its original text that the No. 1 No. 1 was not presented as the material for the original approval of the original edition, and since the documentary evidence does not conflict with the original approval, it cannot be deemed unlawful even if the court below did not mention the documentary evidence, and it cannot be viewed as a violation of the rules of evidence since the court below's decision adopted the testimony of the witness Kim Il-ho, even if it is based on the full reasoning of the record.

No. 3 of the judgment of the court below, among the facts found in the judgment of the court below, the land of this case was originally set up as the grave, and the land of this case was changed to the land to the land cadastre in the defendant's reply of October 19, 4289, which was the date on which the plaintiff asserts that the land was purchased." Even though the defendant clearly appears that the land is the land of this case, the defendant was also the land of this case, the defendant was acting against the landowner's will of grave or against the custom and customs of the Asia even if he cultivated part of the land between the land owner and the land owner's knowledge, and the decision that the land of this case is the farmland subject to farmland distribution is too urgent in view of the legislative spirit stipulated in Article 6 (1) 7 of the Agricultural Industry and Industry Promotion Act as well as the legislative spirit stipulated in Article 6 (1) 7 of the same Act.

However, according to the Farmland Reform Act, if the land is used for real cultivation even if it is a grave land, it can be purchased and distributed to the State. Therefore, the court below judged that the land is legally cultivated by the defendant since 20 years ago as farmland, and the 4th issue that the land is incorporated into the Busan Urban Area according to the evidence No. 3, and the denial of the plaintiff's acquisition of ownership is in violation of the legislative spirit of Article 1 of the Farmland Reform Act, even though it is clear that the land is incorporated into the Busan Urban Area by the testimony of the defendant's witness, even though it is clear that it is still the object of distribution, it is obvious that the government will not have received the above land as farmland before the first instance court's decision on the purchase or sale of the land, and it is obvious that there is no clear fact that the defendant would have been distributed the above land as farmland before the first instance court's decision on the purchase or sale of the farmland, and it is reasonable to interpret the above law to the extent that it can be within the past 8 years after the decision on the purchase or sale of farmland as farmland.

Since the consistent theory of the judgment of the court below reaches the conclusion that ownership of the land is naturally attributed to the government, and that it can be distributed to the defendant even if it is gold, such theory of entry reaches the conclusion that the government will purchase the land price to the plaintiff at the time of compensation, not farmland, the land at the time of compensation, and that it will be distributed to the defendant; 2. There is no doubt that it will be distributed to the defendant, not farmland, at the time of the distribution of the land after gold, to the defendant, the distribution of market price is not the distribution of the land after gold, and the government will not acquire the ownership of the land, not the ownership of the land, but the ownership of the land, and the reasoning of the judgment of the court below that it will be distributed to the defendant.

However, even if farmland is located within the urban planning zone, it shall not be excluded from distribution unless the procedure for changing the purpose of use under the Farmland Reform Act is conducted, and farmland which is not self-fluored and self-fluored is purchased from the State at the same time with the implementation of the Farmland Reform Act, and the owner may not claim ownership even before the procedure for distribution or compensation is transferred. In this regard, the original judgment dismissing the plaintiff's claim is just and independent opinion that can not be adopted.

Therefore, since the appeal of this case is clearly groundless, it is so decided as per Disposition by Articles 401, 95, and 89 of the Civil Procedure Act.

Justices Kim Jong-il (Presiding Justice) Acting Justice Kim Jae-ho on the present allotment of Kim Dong-dong